CCPR/C/112/D/1968/2010 Claim under article 24, paragraph 1 3.2 The imposition of a life sentence without possibility of parole for crimes the authors committed as juveniles is inherently incompatible with the obligations of the State party under article 24, paragraph 1, of the Covenant. Article 37 (a) of the Convention on the Rights of the Child states that “neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age”.4 By the operation of clause 2 (2) (b) of Schedule 1 of the Crimes (Sentencing Procedure) Act 1999, the authors may only make an application for a redetermination of their respective sentences after 30 years have elapsed. If they are unsuccessful then no nonparole period will be set and they will be imprisoned until they die. The legislation specifically provides for the rejection of such an application. If no non-parole period has been set, then the New South Wales State Parole Authority will have no lawful basis upon which to release them. If an application is successful, then the authors may apply for release on parole to the Parole Authority after the (further) expiration of the non-parole period set by the Supreme Court. However, under section 154 A (3) of the Crimes Administration of Sentences Act 1999, release is only possible in case of imminent danger of death or incapacity to the extent that the person no longer has the physical ability to harm. 3.3 No account is made in the legislation for the age of the person at the time of the offence. In terms of release on parole, adult and juvenile offenders are treated in exactly the same way. As for the system of imprisonment governing the authors, contrary to article 40, paragraph 1, of the Convention on the Rights of the Child, no account is taken of the prisoners’ age at the time of the offence or the desirability of promoting their reintegration so that they may assume a constructive role in society. Further, there is no process of regular review of the authors’ development and progress in order to decide on their possible release. Section 154 A of the Crimes Administration of Sentences Act 1999 effectively overrides consideration of such issues. In fact, the Government of New South Wales has been quite unapologetic in insisting that the authors should remain in prison forever. While the authors accept their sentence to a term of imprisonment, their status as juvenile offenders gave them a right to protection. An earlier release date, or the possibility of achieving one, would have allowed for recognition of their age and lack of maturity at the time of the offence and the possibility of reform and rehabilitation. Claim under article 10, paragraph 3 3.4 The authors submit that the State party is in breach of article 10, paragraph 3, of the Covenant as the imposition of a life sentence without the possibility of parole in respect of a juvenile offender is incompatible with the requirement that the essential aims of the penitentiary system be “reformation and social rehabilitation”.5 A life sentence is also incompatible with the requirement that juvenile offenders be accorded treatment appropriate to their age and legal status. 4 5 6 The authors refer as well, among others, to General Assembly resolution 61/146, in which the Assembly called upon States to abolish by law, as soon as possible, the death penalty and life imprisonment without possibility of release for those under the age of 18 years at the time of the commission of the offence. The authors refer to general comment No. 21 (1992) of the Committee on humane treatment of persons deprived of their liberty) and to article 37 (b) of the Convention on the Rights of the Child.